Omar Bennett
The Twenty-Sixth Amendment to the United States Constitution, which lowered the voting age from 21 to 18, was ratified on July 1, 1971. The amendment addressed one of the larger domestic controversies that emerged amid the Cold War. Before the Twenty-Sixth Amendment, states had the authority to set their own minimum voting ages, which was typically 21 as the national standard. The drive to lower the voting age was driven in part by the military draft held during the Vietnam War, which conscripted young men between the ages of 18 and 21 to serve in the United States Armed Forces.
| Characteristics | Values |
|---|---|
| Name | 26th Amendment of the U.S. Constitution |
| Date | Passed by Congress on March 23, 1971; Ratified on July 1, 1971; Signed into law by President Nixon on July 5, 1971 |
| Purpose | Lowered the voting age for all Americans to 18 years |
| Slogan | "Old Enough to Fight, Old Enough to Vote" |
| Support | Bipartisan support; First proposed in the 1940s by Eleanor Roosevelt; Supported by President Eisenhower in 1954; Supported by youth voting rights activists in the 1960s |
| Impact | Increased voter turnout among young Americans; Addressed the controversy of drafting young men who lacked the right to vote |
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What You'll Learn
The Twenty-Sixth Amendment to the US Constitution
> The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. The Congress shall have the power to enforce this article by appropriate legislation.
The Twenty-Sixth Amendment addressed one of the larger domestic controversies that emerged amid the Cold War. The movement to lower the voting age gained grassroots support when President Dwight D. Eisenhower expressed his support in his 1954 State of the Union address. He said,
> For years, our citizens between the ages of 18 and 21 have, in times of peril, been summoned to fight for America. They should participate in the political process that produces this fateful summons. I urge Congress to propose to the States a constitutional amendment permitting citizens to vote when they reach the age of 18.
The increasing public opposition to the Vietnam War in the late 1960s and early 1970s renewed debates over lowering the voting age. The slogan "old enough to fight, old enough to vote" gained popularity, as the US military draft age was set at eighteen years. This meant that many conscripted citizens were ordered to fight in a conflict that they had no political authority to vote on.
The Twenty-Sixth Amendment faced a few legal challenges in the decades since its ratification. The general arguments have included how a college student from out-of-town is represented at the polls, if the amendment extends to other political institutions such as serving on a jury, and if voter identification laws are valid and recognised beneath it.
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Voting age lowered to 18
In 1971, the Twenty-sixth Amendment to the United States Constitution was passed, lowering the voting age from 21 to 18 years old. This amendment addressed one of the larger domestic controversies that had emerged amid the Cold War.
The drive to lower the voting age gained momentum during the 1960s and was accelerated by the military draft held during the Vietnam War. The draft conscripted young men between the ages of 18 and 21 into the United States Armed Forces, primarily the U.S. Army, to serve in or support military combat operations in Vietnam. This discrepancy between the age of conscription and the voting age led to the slogan "old enough to fight, old enough to vote". This became a rallying cry for a youth voting rights movement, powered by the activism of young people and their allies.
Public interest in lowering the voting age emerged as early as the 1940s, with Congressional proposals being endorsed by First Lady Eleanor Roosevelt. In 1941, Senator Harley Kilgore began advocating for a lowered voting age, and in 1943 and 1955, the Georgia and Kentucky legislatures approved measures to lower the voting age to 18. In 1954, President Dwight D. Eisenhower became the first president to publicly support prohibiting age-based denials of suffrage for those 18 and older. Despite this growing support, Congress failed to pass any national change during this period.
In 1970, Congress included a provision for the 18-year-old vote in a bill that extended the Voting Rights Act. However, this was challenged in the Supreme Court case of Oregon v. Mitchell, where it was determined that Congress could only lower the voting age for federal elections, not state or local elections. As a result, Congress quickly proposed the Twenty-sixth Amendment, which was ratified on July 1, 1971. The amendment states: "The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age."
In the decades since its ratification, the Twenty-sixth Amendment has faced legal challenges, including questions about the representation of out-of-town college students at the polls and the validity of voter identification laws under the amendment. Despite these obstacles, the United States has experienced unprecedented levels of youth voter turnout in recent elections, demonstrating the impact of this amendment on the political engagement of young Americans.
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Previously, states set their own voting age
The Twenty-sixth Amendment (Amendment XXVI) to the United States Constitution was ratified on July 1, 1971. It established 18 as the minimum voting age for all Americans in state and federal elections. Before this amendment, states set their own voting age, with the minimum voting age being 21 years for the longest time.
The drive to lower the voting age from 21 to 18 gained momentum across the country during the 1960s. This was partly due to the military draft held during the Vietnam War, which conscripted young men between the ages of 18 and 21 into the armed forces. The slogan "old enough to fight, old enough to vote" encapsulated the argument that if citizens were old enough to serve the country in the military, they should be able to exercise their right to vote at the same age.
Public officials and groups advocating for a lower voting age also pointed to the increasing number of young Americans graduating from high school, attending college, and engaging in political and social activism. This changing landscape of youth engagement challenged the traditional caretaking model that had previously dominated the nation's approaches to young people's rights. Characteristics like idealism, lack of "vested interests," and openness to new ideas were now seen as positive contributions to a political system in crisis.
In 1970, Senator Ted Kennedy proposed amending the Voting Rights Act of 1965 to lower the voting age nationally. On June 22, 1970, President Richard Nixon signed an extension of the Voting Rights Act, which included a provision that required the voting age to be 18 for all federal, state, and local elections. However, the Supreme Court case of Oregon v. Mitchell determined that Congress only had the authority to lower the voting age for federal elections, not state elections.
To address this discrepancy and avoid "chaos and confusion" at the polls, Senator Birch Bayh's subcommittee on constitutional amendments began hearings on extending voting rights to 18-year-olds in all elections. On March 2, 1971, Bayh's subcommittee and the House Judiciary Committee approved the proposed constitutional amendment to lower the voting age to 18 uniformly. The Senate and the House of Representatives soon followed suit, voting overwhelmingly in favour of the proposed amendment.
With the ratification of the Twenty-sixth Amendment in July 1971, the United States standardised the minimum voting age across all states and affirmed the voting rights of young Americans.
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The Vietnam War and conscription
The Vietnam War was a conflict between communist North Vietnam and the government of South Vietnam that took place from 1955 to 30 April 1975. The United States supported France and later South Vietnam, with American troops entering Vietnam in 1965. During the Vietnam War, the US military drafted 2.2 million American men out of an eligible pool of 27 million. This system of conscription caused many young American men to volunteer for the armed forces to have more choice over which division of the military they would serve in.
The draft, however, also caused resentment, especially as many of the young men drafted were being sent to fight in a war that they disagreed with. The draft lottery was also seen as biased against the poor and uneducated, with 80% of enlisted men coming from poor or working-class families and the same ratio only having a high school education. This led to a steep increase in the number of exemptions and deferments, especially for college students.
The resentment caused by the draft and the war led to a rise in the anti-war movement, with mass protests taking place on college campuses in the mid-1960s. Many young men also chose to illegally burn their draft cards or letters or simply not present themselves for military service.
The 26th Amendment to the United States Constitution, which came into effect in 1971, was a response to the Vietnam War and conscription. The Amendment lowered the voting age from 21 to 18, driven by the argument that if young men could be conscripted to fight and die for their nation at 18, they should also have a legal say in the government's decision to wage that war.
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Supreme Court case: Oregon v. Mitchell
In 1970, Senator Ted Kennedy proposed amending the Voting Rights Act of 1965 to lower the voting age nationally. On June 22, 1970, President Richard Nixon signed an extension of the Voting Rights Act of 1965 that required the voting age to be 18 in all federal, state, and local elections. This act was challenged in the Supreme Court case of Oregon v. Mitchell.
Oregon v. Mitchell
Oregon, Texas, Arizona, and Idaho challenged the constitutionality of Sections 201, 202, and 302 of the Voting Rights Act (VRA) Amendments of 1970 passed by the 91st United States Congress. The Supreme Court ruled that the literacy test ban under Section 201, the minimum residency duration requirement for voter registration, and the uniform rule for absentee voting in presidential elections under Section 202 were all constitutional. Additionally, they ruled that Congress lowering the voting age in federal elections from 21 to 18 under Section 302 was constitutional, but that Congress could not lower the voting age in state and local elections. The Court upheld Section 202 by an 8-1 ruling, with various arguments for its constitutionality under the 14th Amendment, the Necessary and Proper Clause, the Congressional Elections Clause, and the Privileges and Immunities Clause.
The Supreme Court's decision in this case established that Congress has the power to regulate requirements for voting in federal elections but not in state and local elections. This decision preceded the ratification of the Twenty-Sixth Amendment in 1971, which lowered the minimum voting age to 18 for all Americans.
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Frequently asked questions
The 1971 US constitutional amendment, or Amendment XXVI, lowered the voting age from 21 to 18.
On March 2, 1971, Senator Birch Bayh's subcommittee approved the proposed constitutional amendment. On March 10, the Senate voted 94-0 in favor of the amendment, and on March 23, the House of Representatives voted 401-19 in favor. The amendment was then sent to the states for ratification and was ratified on July 1, 1971, by three-fourths of the states (38 states).
Many individuals and groups argued that if citizens were old enough to serve in the military, they should be able to vote—this was summed up in the slogan "old enough to fight, old enough to vote." The Vietnam War draft, which conscripted young men between 18 and 21, also fueled the drive to lower the voting age.
Yes, the 26th Amendment has faced legal challenges over the years, including questions about how out-of-town college students are represented at the polls, if the amendment extends to serving on a jury, and the validity of voter ID laws.
